French junior minister says Apple was “brutal” with AppGratis

Fleur Pellerin wants the EU to crack down on "repeated abusive behavior."

France is not happy with the way Apple unceremoneously ejected an app called AppGratis from the iOS App Store, calling the move "extremely brutal and unilateral." The comments came from French Junior Minister for Digital Economy Fleur Pellerin, according to Reuters, who made a visit to AppGratis publisher iMediapp before stating that she would ask the European Commission to tighten up its regulations on how Internet companies handle their digital platforms.

"This behaviour is not worthy of a company of this size," Pellerin said in reference to Apple. Because this kind of "repeated abusive behavior," Pellerin feels the EU needs to take a look at how tech companies handle their search, social, and online platforms.

AppGratis, an app that focused on highlighting other apps available on the App Store, was removed from Apple's market earlier this week for violating sections 2.25 and 5.6 in Apple's App Store Review Guidelines. The company said it had previously worked with its contacts at Apple to get approval, but Apple decided later on that the violations—which included promoting other apps within its own app and sending push notifications to promote those apps—were too much to bear. Inside sources hinted that this was just a sign of things to come: Apple is supposedly cracking down on apps like AppGratis throughout the App Store in an attempt to clean up some of the skeevier behavior from app developers.

As we wrote earlier this week, Apple reportedly wants to prevent the App Store from being overrun with "alternative storefronts," which could confuse users and ultimately cheapen the premium experience that Apple tries to create. Still, the decision has been controversial, in part thanks to Apple's own inconsistent actions when it comes to App Store rule enforcement. It may be a bit late to decide to eject apps for these violations after having looked the other way for so long, which is undoubtedly what Pellerin wants the EU to examine.

127 Reader Comments

France, of course. Hey I don't like the way Apple treats devs either which is why I have never supported them by buying a (modern) Apple product, but the French government has no business or authority here. It is their ecosystem, their rules, and their choice whether or not they want to enforce them. You can't tell an apple orchard not to throw away the rotten apples can you? You might be able it apply some law on what comes to market, and even some control on how they get there, but you cannot force someone to sell something they do not want to sell.

As a French citizen, I take it as another sign of the ridicule of the current administration.

There are many companies that are unfairly struggling and need some attention. Instead of that, they picked a dubious company whose activity was always on the fringe of the App Store guidelines, just because it allowed the minister to show she was against Apple business policies, as Apple is now the embodiment of sinister corporate America in French collective imagination. But, naturally, the EU won't do anything, as there are other blatant unfair decisions that occur daily and matter much more.

I guess that if I was in charge of a patent troll that decided to sue Apple, I would get a visit from the minister within hours. And that wouldn't help my case in any way.

I'm divided on this. My reaction is both 1) it is Apple's sandbox, and they don't have to play nice, and 2) It seems mildly disingenuous to say yes then say no.

At the same time: what kind of deal did AppGratis have? If they have contracts, in writing, exempting them from those rules - they very well could have a case. They say they got permission - what kind? We do need more information.

On the other hand, the European Union seems to have a propensity to tear into tech companies with a wolfish glee. To which... it is their sandbox, and they don't have to play nice either

It is their ecosystem, their rules, and their choice whether or not they want to enforce them.

that argument sure worked for MS.

So you are saying once your company reaches a certain size, you no longer control it? Its the government's job to provide positive or negative incentives for certain actions. Besides you know as well as anyone that isn't even a apples to apples comparison. MS was about making the their software mandatory for basic function where as this issue with regarding sale of third party apps that are in longstanding violation.

I wonder would these concerns/complaints about "unilateral" decisions apply in the physical world. For example, would they be up at arms if Walmart or some other big bricks and mortal chain decides not to carry a brand?

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

The same thing happened to Microsoft, they were forced to promote alternative web browsers as to avoid a monopoly due to Internet Explorer.

Since Android has done a great job entering a market dominated by Apple, the same action may not be required (Apple still owns 40%+ of tablet sales) but it would be nice to see alternative ways for people to use their iDevices.

Allowing only one store wasn't a good idea in the first place. This creates a monopoly and a monopsony. Developers can only sell to iTunes, while customers can only but from iTunes (i being the roman numeral).

On a whim, Apple (or is it App-le) can destroy a small IT shop. It's not right.

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

Ever heard of Nokia or Ericsson?

Lets be honest here, neither company ever became as big as Apple or Google or MS. Even at their peaks, they never reached the same level of world wide ubiquity and mind share, let alone revenue. Certainly they are large companies that do very well, and Nokia even came close, but just look at them today.

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

Ever heard of Nokia or Ericsson?

Lets be honest here, neither company ever became as big as Apple or Google or MS. Even at their peaks, they never reached the same level of world wide ubiquity and mind share, let alone revenue. Certainly they are large companies that do very well, and Nokia even came close, but just look at them today.

So, the morale is that random French guy shouldn't complain about Apples treatment of AppGratis.

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

Ever heard of Nokia or Ericsson?

Lets be honest here, neither company ever became as big as Apple or Google or MS. Even at their peaks, they never reached the same level of world wide ubiquity and mind share, let alone revenue. Certainly they are large companies that do very well, and Nokia even came close, but just look at them today.

I was merely pointing out that the EU has previously and does still provide an environment where tech companies can flourish. Nokia and Ericsson being two examples.

Its is certainly disingenuous to imply that there has never been a booming tech industry in the EU.

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

Ever heard of Nokia or Ericsson?

Lets be honest here, neither company ever became as big as Apple or Google or MS. Even at their peaks, they never reached the same level of world wide ubiquity and mind share, let alone revenue. Certainly they are large companies that do very well, and Nokia even came close, but just look at them today.

Um, sure, if we ignore Nokia being the most popular cell phone back in the early 2000s, had the majority of the market with Symbian in Europe...

While there's some merit in the idea of Apple protecting their 'premium' experience, the ability to whip the rug out from under other people's business models does suggest that this whole thing needs a bit more regulation. At the very least, if an app is approved and the developer (and backers) induced into investing considerable amounts into building its user base and functionality, that approval needs to stick (as long as the functionality doesn't change). Apple approved the iPad version of AppGratis a week before it pulled the whole thing. Nothing had changed.

No matter how grubby and 'non-premium' some might regard AppGratis to be, this doesn't give Apple licence to act in this capricious manner. If they don't want it on their AppStore they need to say so up-front.

And yeah, if Apple fails to show that it can self-regulate the process with integrity then it's just asking for government to step in and regulate instead, especially in Europe.

The excuse about users getting confused with multiple app stores is bullshit. When you get the phone, there is exactly one app store app installed - Apple's. You have to use Apple's app store to even download any third party app store, which means you must be aware of the Apple app store. So this argument holds no ground. It's purely anti-competitive. They want their rankings to be the only rankings, so app creators have to go through them exclusively to get better rankings in the store.

I'm all for the French government investigating the way Apple runs its app ecosystem, or any aspect of its business if it wants to do business in France. On the other hand I don't understand why they chose this case to pursue. If anything I'd like to see them get Apple to stop censoring French comics in such an arbitrary and capricious manner.

I smell mid-level bureaucrats hunting for some political notoriety. I think they have bigger fish to fry in Europe right now, like for instance an unworkable jungle of whack-a-mole monetary and budget policies.

If they can go for six weeks without the sovereign debt of some obscure corner of Europe threatening the rest of the civilized world, then they can start complaining about Apple.

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

Ever heard of Nokia or Ericsson?

Lets be honest here, neither company ever became as big as Apple or Google or MS. Even at their peaks, they never reached the same level of world wide ubiquity and mind share, let alone revenue. Certainly they are large companies that do very well, and Nokia even came close, but just look at them today.

just because erricson doesnt have a household name doesnt mean they arnt just as big... Apple just hit a sweetspot. Ericcson is a major cellular hardware vendor that owns pritty much 1/3 of the us market for towers.

It is their ecosystem, their rules, and their choice whether or not they want to enforce them.

that argument sure worked for MS.

So you are saying once your company reaches a certain size, you no longer control it? Its the government's job to provide positive or negative incentives for certain actions. Besides you know as well as anyone that isn't even a apples to apples comparison. MS was about making the their software mandatory for basic function where as this issue with regarding sale of third party apps that are in longstanding violation.

(whee on a roll with the apple theme!)

Of course you need to be careful before you intervene, but this is exactly what anti-trust laws and consumer-protection laws are about: to deal with companies that get too big, with monopolies, oligopolies, and business practices that are bad for consumers in general.

So-called "conditional sales", where the sale of one product is unnecessarily restricted by forcing people to buy another product, is one of those things. You buy bananas? Then you also have to buy apples, or I'm kicking you out of the shop. You want to buy an Iphone? Then you also have to buy applications from the App Store.

Treating customers differently based on unfair conditions is another, such as if you won't allow people over 40 to buy stuff in your shop, or if you won't allow certain applications in your web store without a good reason.

The mere fact that Apple has rules and acts based on its own rules says nothing about whether or not the aforementioned agencies should or should not intervene. I personally think it is clear that people would like to be able to buy applications outside the App Store (with some safety measures in place, of course). Perhaps the EU or the US should look into that.

After all, shouldn't what's best for consumers and society always come first? I don't mean governments should intervene all the time, but it should certainly be an option, after careful deliberation, etc.

When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

Ever heard of Nokia or Ericsson?

Lets be honest here, neither company ever became as big as Apple or Google or MS. Even at their peaks, they never reached the same level of world wide ubiquity and mind share, let alone revenue. Certainly they are large companies that do very well, and Nokia even came close, but just look at them today.

just because erricson doesnt have a household name doesnt mean they arnt just as big... Apple just hit a sweetspot. Ericcson is a major cellular hardware vendor that owns pritty much 1/3 of the us market for towers.

Both Nokia and Ericsson were household names back in the day. In the late 90s and early 00s Nokia and Ericsson were IT when it came to mobile phones. Motorola was there too but not nearly as big.

According to Wikipedia (I know), Nokia was the largest vendor of mobile phones for 14 years from 1998 until 2012.

It is their ecosystem, their rules, and their choice whether or not they want to enforce them.

that argument sure worked for MS.

Microsoft held a monopoly position and was abusing that position to further other markets. Apple does not hold a monopoly position in any market that it competes in. I really wish many people would learn what the word monopoly means.

I'm divided on this. My reaction is both 1) it is Apple's sandbox, and they don't have to play nice, and 2) It seems mildly disingenuous to say yes then say no.

At the same time: what kind of deal did AppGratis have? If they have contracts, in writing, exempting them from those rules - they very well could have a case. They say they got permission - what kind? We do need more information.

On the other hand, the European Union seems to have a propensity to tear into tech companies with a wolfish glee. To which... it is their sandbox, and they don't have to play nice either

Apple was right for banning the app but they really need to be more Johnny on the spot with their decisions. The app developer is also ridiculously naive if they couldn't see the possibility of this coming. Very doubtful. I'm sure they'll play innocent and dumb.

I wonder would these concerns/complaints about "unilateral" decisions apply in the physical world. For example, would they be up at arms if Walmart or some other big bricks and mortal chain decides not to carry a brand?

If a dominant retailer in France unilaterally refused to carry local french produce? Yes, yes you can bet they would.

I wonder would these concerns/complaints about "unilateral" decisions apply in the physical world. For example, would they be up at arms if Walmart or some other big bricks and mortal chain decides not to carry a brand?

As always, it depends on the social policies being defended by the relevant government. For instance, Walmart didn't carry Plan B emergency contraceptive until 2006. There was government intervention that required them to carry it in some states before that, though. Then they caved from the bad publicity and started selling it nationwide. This app isn't as serious a matter, but it's the same principle. If companies want to do business in a jurisdiction, the jurisdiction has some say over how that business gets done.

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

I'm sorry but that's a bucketload of bullcrap. Nokia alone was as big as you could ever be. Apple even with it's iPhone has not reached the level of ubiquity that Nokia reached with it's phones back in the day. Having a nokia phone was pretty much the same thing as having a cellphone, and it was like that for almost a decade.

Then let's look at ARM. With the rising popularity of that particular platform I wonder what would you consider world domination. Apple certainly isn't there. About the only three companies that I know of in the tech industry that could claim such a thing are MS with Windows, Intel with it's CPUs and Google with the search engine.

Allowing only one store wasn't a good idea in the first place. This creates a monopoly and a monopsony. Developers can only sell to iTunes, while customers can only but from iTunes (i being the roman numeral).

On a whim, Apple (or is it App-le) can destroy a small IT shop. It's not right.

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

Ever heard of Nokia or Ericsson?

Lets be honest here, neither company ever became as big as Apple or Google or MS. Even at their peaks, they never reached the same level of world wide ubiquity and mind share, let alone revenue. Certainly they are large companies that do very well, and Nokia even came close, but just look at them today.

So, the morale is that random French guy shouldn't complain about Apples treatment of AppGratis.

Also, that's why France has an high unemployment rate.

We've sure covered a lot of ground today.

He's not a random guy. He's the deputy minister of the ministry responsible for regulating the given marketplace. And, yes, France has a high unemployment rate because they interfere with the free market too much. That's exactly the point I was making.

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

Odd that eight people would down rank this post when the poster is only stating a fact.

Plenty of EU authorities, including EU Justice Commissioner Viviane Reding, have also made it very clear that they don't like America's dominance in so many industries, especially when it comes to anything to do with computers, software and the Internet. They make this very obvious by clearly focusing on American companies to make examples of.

You may say, well that's because American companies dominate, but it isn't that simple for the fact remains in many instances inquireries and investigations are often about issues that can and do include big companies from other countries but their focus, especially when it comes to media declarations and briefings, is overwhelmingly on American companies. It's believe it is ultimately a strategy of attempting to damage the reputation of American companies and limit their market share in the process under the guise of protecting EU consumers.

That may sound like a bold claim but it wouldn't if you knew the positions of those EU authorities and what many of them have stated in the past and compare that to how they act. Factor in the inherent anti-Americanism that exists within the EU, and that has always been used as a tool for promotion of further EU control over European countries, and the claim is sound.

... the French government has no business or authority here. It is their ecosystem, their rules, and their choice whether or not they want to enforce them.

It's their country, their rules, and their choice whether or not they want to enforce them.

See how the argument works?

Yup. And companies can decide thy don't want to bother doing business in France because of it. France's next-door-neighbor has half the unemployment rate, yet companies there don't seem interested in moving business locations just tens of miles to take advantage of labor availability. Again, I wonder why...

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

Allowing only one store wasn't a good idea in the first place. This creates a monopoly and a monopsony. Developers can only sell to iTunes, while customers can only but from iTunes (i being the roman numeral).

On a whim, Apple (or is it App-le) can destroy a small IT shop. It's not right.

Android and the Play StoreFixed.

Amazon VOD and mp3 store.Fixed.

Nobody is forcing anyone to use Apple. There are alternatives.

I might agree with you from the end user's perspective. But what if stayed on topic - what does this OneTunes monopsony do to small developer shops? On a whim, a significant developer effort and a revenue stream go to nothing.

"Nobody is forcing anyone to use X" is not an argument against abusive market practices, be it monopolistic or monopsonistic.

The EU should learn to cool its jets when it comes to American tech companies (and I am saying this as an EU Citizen). When has the EU ever had a booming Tech industry center? When have they ever created an environment where Companies could grow to the size that Apple has and achieve world dominance over a tech market? Oh that's right, never.

I'm sorry but that's a bucketload of bullcrap. Nokia alone was as big as you could ever be. Apple even with it's iPhone has not reached the level of ubiquity that Nokia reached with it's phones back in the day. Having a nokia phone was pretty much the same thing as having a cellphone, and it was like that for almost a decade.

Then let's look at ARM. With the rising popularity of that particular platform I wonder what would you consider world domination. Apple certainly isn't there. About the only three companies that I know of in the tech industry that could claim such a thing are MS with Windows, Intel with it's CPUs and Google with the search engine.

PS: Also remember Linux -> Finland.

You obviously do not know much about all the American companies that made computing, software, the Internet, and most everything related to those markets, what they are today and that continue to dominate most of the industry. While there are some countries in Europe with some successes one would have to be delusional or quite ignorant to compare the successes of some European countries and even Europe as a whole with America's accomplishments and continuing dominance in most everything to do with those markets.

And sorry to say it but ARM is where it is at today simply because Intel and AMD completely ignored the mobile market. I suspect it will be just a matter of time when Intel inside will become very common in mobile to.

PS: "Also remember" Unix> American > Richard Stallman and his GNU Project > American > Linus Torvalds > Finish, and now also American > OSDL > formed and located in America and backed by mostly American companies > while working and living in America since 1996 = Linux.